Mistrial declared in Como trial

WEST CHESTER >> The criminal trial of former Coatesville Area School District Superintendent was thrown into turmoil Tuesday as the lead defense attorney had to be taken from the Chester County Justice Center after starting his opening statement, suffering from an unknown medical problem.

Common Pleas Senior Judge Thomas G. Gavin, who is presiding over Como’s case, announced to an almost empty courtroom that he had declared a mistrial and excused the jury, which had been seated only two hours before. The judge said it appeared that defense attorney Paul Rubino had been affected by “whatever influenza is going around.

“We will revisit this (case) another day,” Gavin said before leaving the bench around 11:05 a.m., two hours after swearing in the jury panel and opening the trial.

Rubino, of Paoli, had been speaking to the jury of seven men and five women for about 10 minutes, explaining his contention that Como was innocent of any and all of the theft and ethics violation charges against him, when he became unfocused and had to stop around 10:15 a.m.

Advertisement

“Excuse me,” he said to the jurors, and then tried to regroup and start his statement again. But he remained silent, flipping through his notes, and could only mutter, “Umm.” When Gavin asked him if he needed a five minute break to continue, Rubino eventually said he did. The jury was then sent from the courtroom. Rubino, with his co-counsel Albert Sardella and Como looking on, stood at the front of the courtroom, repeating that he was “frazzled.”

A few moments later, Gavin had Rubino taken from the courtroom to his chambers, and asked for assistance from sheriff’s deputies with medical training. After huddling with the other attorneys in the case, including the case’s three prosecutors, Gavin was able to get fellow Judge Anthony Sarcione, a friend and former colleague of Rubino’s, to take the veteran defense attorney to the Chester County Hospital’s emergency room, where he was being evaluated.

Attempts to reach Sardella afterwards were unsuccessful. Como left the courthouse without comment.

Deputy District Attorney Thomas Ost-Prisco, who is leading the prosecution of Como with Assistant District Attorneys Brian Burack and Andrea Cardamone, declined comment on the events of the morning. He said, however, that the trial would not start again this week or next, and would be re-listed for trial with Gavin at a later date.

Como, 70, of West Brandywine is accused of more than 50 counts of theft by unlawful taking, theft by deception, receiving stolen property, conspiracy, conflict of interest, and related Ethics Law charges. The longtime popular figure in the Coatesville school community resigned in 2013 after racist and sexist texts were discovered on his school-issued phone. Prosecutors later accused him, among other offenses, of using school funds to pay for championship rings for the Coatesville Area Senior High 2012 football team.

He was charged in December 2014. If convicted, he faces the possibility of serving prison time.

In his opening statement, Ost-Prisco told the jurors that the case against Como amounted to a “simple” one involving “theft and the abuse of power.

“The money that he took was for the kids,” he said, referring to funds meant for student activities and summer school that Como allegedly illegally diverted to buy the commemorative rings with those associated with the Red Raiders football program for their success in 2012, ultimately losing the state championship in December that year. “He stole from those kids.”

Ost-Prisco said the case would be broken down into four sections: accusations that Como improperly arranged for the hiring of his son Matthew Como, an ex-convict, to be hired as a custodial supervisor even tough he had no experience; the attempt to buy $30,000 worth of commemorative rings for the Red Raiders team, coaches, their wives, and others involved, including himself; a $2,000 series of inflated expense reimbursements for travel to events that did not take place or were outside the realm of Como’s superintendent responsibilities; and the resale to the district of a $3,000 home generator that did not fit Como’s needs.

He said that Como was able to accomplish many of those offenses because no one questioned his authority. “Nothing happened in the district without his say-so.” Staff members, some of whom had been students of Como’s when he taught gym in the district, “understood that when the boss tells you to do something, you do it.”

Como and former Coatesville Athletic Director James Donato III both resigned from their positions in the district in August 2013 just before news broke that they had exchanged racially tinged and sexually offensive text messages with one another. That news roiled the school district for several months, and led to two investigations into their conduct, one by the county grand jury and one by a law firm hired by the district to look into the matter.

Donato pleaded guilty to theft charges earlier this year and was sentenced to two to 23 months in Chester County Prison by Gavin in August.

In his opening, Rubino told the panel that the prosecution had overreached in its attempt to justify a year-long investigation into Como and other CASD officials’ activities after he left under the cloud of the racist e-mail controversy.

“There was nothing stolen in this matter,” Rubino said. “Nothing at all.”

Rubino was in the midst of explaining to the panel how Como had worked with others in the district to do something special for the football team when he seemed to lose his train of thought, jumping back between two aspects of the ring purchases. He appeared distracted and unfocused for several uncomfortable moments, until Gavin finally asked him if he needed a break.

Thirty minutes later, Gavin came back into the courtroom and announced the mistrial.